The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1887-04-28

that he considsred the svo thousand dsa1ns %
paid him - fall satis1Aetion a. hi olnin A. fs-
piled, shat ho expected morer and never has
offered to refund or pay back 10 8. tho two
thousand dollarA At the tine al this tEansAe-
ton A. was greatly pressed for moaey.
Held, that A: was estopped 70 sue upoa his
original demand or claim againse g.; that tho
contract was complete and sustained the plea
of accord and satisfaction interposed by 8. In .
suit by A. upon his original claim or demand.
Judgment reversed and new trial granted.
j. r. Welborue. Fleming & Daniel, for Appel
liant; Alex. 81. Clair Abrams, in pro psT.
The State, tor the use of Robert Garrett, sp-
pellant, vs. William Crawford ct a., appel
lees-Leon county.
MCCLELLAN, j., Let Judicial Circuit sitting
instead OF Raney, j., disqualified
Where . judgment Is obtained against m adj
miuistrator de hoRis non and . return on the
execution issued on said judgment Of nxuo bona.
and O suit then instituted against the admins
traitor individually upon his bond and surety
suggesting devastavit plea by the admins
traitor and his surety to the action on the judg-
meut and administration bond, that after the
obtaining of said judgment and before suit on
the administrators bond, that the admioistrator
had made q written suggestion of the insolven.
cy of the intestaie's estate to the County Judge
OF the county from which the administration
was granted, and had fled q schedule Of al Of
the estate Of his intestate before said County
Judge, and that said County Judge had, by his
order that was unrevoked or amended, made
pro rata distribution among the creditors Of said
estate, and had awarded $3.50 as the pro rata
share Of said estate to said judgment, and that
he brought said sum into court and rendered the
same 10 the plaintiff. Upon demurrer TO said
plea, Held, That said demurrer should be over
ruled, and the plaintiff refusing to plead over to
said plea judgment for the $3.50 confessed In
"a N favn nj he nj W
Decree affirmed.
A. E. Maxwell, J. E. Yonge, for appellant;
R. B. Hilton, Daniel Campbell, for appelleea
G. L. Storrs, ct al, Appellants. vs. Ellen F.
Storrs, ct al, Appellees-Franklin county.
Mcclellan, Judge LIST Judicial Circuit, sitting
instead of Raney, j., disqualified:
l. Where s., married woman, by her next
friend, files bill against her husband, g.. and
against Springer, a judgment creditor Of her hus-
band, seeking to enjOin and restrain the creditor
of the husband from selling certain property
levied upon by the creditor to enforce his judg
men and that is claimed by her 70 be her separate
property, her husband, s., is not . competent
witness for the wife to prove the property %
levied on by the creditor to be his wiie's separ-
ate property.
2. Where the wife seeks by bill to enjoin q
creditor of her husband from selling property
by virtue Of a judgment and execution against
arate property, she must allege in her bill wheth
it is her equitable separate estate or her legal
separate estate, and if claimed by purchase she
is held to full and strict proof that it was paid
for with her money, and in the absence Of this
proof the property is presumed to be the prop
erty of the husband.
Decree reserved and cause remanded.
John w. Malone, fo- appellants; no counsel
appearing for appellees.
George Patton and Alton Pierce, Appellants
VS.. J. NJ. Brunswick & Bake Co., Appellee
Franklin county.
Mcclellan, Judge lst Judicial Circuit, sitting
instead of Raney, j., disqualified.
When B. holds a mortgage on personal prop
erty that is assessed for State and county taxes
as the property of the mortgagor and is sold TO-
pay the taxes assessed, and B. files his bill to
set aside said sale, charging collision, fraud and
combination between the mOrtgagor, the
collector of revenue and the purchaser Of
the property at said sale to make said sale in ar
der to relieve said property of the mortgage lien.
and the collector and purchaser answer said bin
and deny all fraud, collision and improper &C.
ton on their part to effect said sale, and the
canse is here upon bill, exhibits, answer and
general replication, the bill should be dismissed
as TO the collector of revenue and the purchaser
at said sale. q
Decree reversed and cause remanded.
John A. Henderson, for appellants; John w.
Malone, for appellee.